Where to find what.
- Identity and contact details of the company
- Validity, acknowledgement and acceptance of the general terms and conditions
- Offer and formation of the agreement
- Execution and modalities of the assignment
- Cancellation of the assignment
- Offers and price estimates
- Prices and payment modalities
- Guarantee on delivered products
- Intellectual property rights
- Retention of title
- Force majeure and liability
- Processing of personal data
- Disputes and applicable law
1. Identity and contact details of the company
Louwers Mediagroep in Weert (NL) and Louwers Mediagroep in Oostkamp (B)
Louwers Mediagroep BV Schatbeurderlaan 6 6002 ED WEERT Chamber of Commerce number: 13032407
Louwers Mediagroep BVBA Kapellestraat 132/1 Building-G 8020 Oostkamp Company number: 0466.871.886
2. Validity, acknowledgement and acceptance of the general terms and conditions
2.1. These general terms and conditions form part of and apply to all offers, quotations, order confirmations, invoices and agreements relating to the services and/or products of the private limited company under Belgian law “LOUWERS MEDIAGROEP BVBA” and the private limited company under Dutch law “LOUWERS MEDIAGROEP B.V.” (hereinafter jointly or individually referred to as “LOUWERS MEDIAGROEP”), to the exclusion of any general or special terms and conditions of the customer.
2.2. By engaging LOUWERS MEDIAGROEP, the customer declares to have knowledge of and to accept these general terms and conditions. LOUWERS MEDIAGROEP strives to provide the customer with sufficient opportunity to consult and thus accept the general terms and conditions. The customer can freely view the general terms and conditions via the website or request a copy via email at info@louwersmediagroep.be.
2.3. Any nullity or invalidity of one of these conditions does not entail the nullity of the other provisions or of the agreement. The invalid or null provisions should then be read as a valid provision where the result is as close as possible to the intended result of the invalid or null provision.
2.4. If LOUWERS MEDIAGROEP and the customer enter into a separate written agreement, the provisions of the separate agreement will take precedence over these general terms and conditions, insofar as LOUWERS MEDIAGROEP has explicitly agreed to this in writing. These general terms and conditions will then serve as supplementary law, insofar as applicable.
3. Offer and formation of the agreement
3.1. The agreement is concluded by the written or electronic signing of the offer or order form of LOUWERS MEDIAGROEP by the customer, or by an express and unequivocal agreement of the customer via email, WhatsApp or any other communication channel with the offer of LOUWERS MEDIAGROEP.
3.2. LOUWERS MEDIAGROEP reserves the right to accept or refuse requests at its own discretion.
4. Execution and modalities of the assignment
4.1. LOUWERS MEDIAGROEP always does its utmost to ensure that the services and products it delivers comply with what has been agreed, the specifications stated in the offer, as well as the reasonable requirements of soundness and/or usability that the customer may expect, and the legal obligations existing on the date of the formation of the agreement.
4.2. The customer is expected to give full cooperation. The customer must provide LOUWERS MEDIAGROEP with all graphic and other physical and/or digital material necessary for LOUWERS MEDIAGROEP to proceed with the execution of the assignment in a timely manner.
4.3. The client commits to providing all requested feedback and/or information and/or graphic and other physical and/or digital material necessary for the execution of the assignment within 48 hours of a request from LOUWERS MEDIAGROEP. If the requested data, feedback, graphic and other physical and/or digital material are not provided on time, incomplete or incorrect, LOUWERS MEDIAGROEP has the right to suspend the execution of the agreement, postpone it to a later date and/or charge the client for the additional costs incurred.
4.4. If the client does not respond to LOUWERS MEDIAGROEP's request to provide advertising material, LOUWERS MEDIAGROEP has the right to invoice the assignment given for the relevant edition. The client will then have the opportunity to place an advertisement in a later edition, provided this is done within a period of 12 calendar months.
4.5. The client is responsible for the accuracy and completeness of the materials, information and data provided. In the event of discrepancies in the materials, information and data provided, the client bears all costs that may arise from this.
4.6. The client acknowledges having full rights over all material handed over to LOUWERS MEDIAGROEP and undertakes to fully indemnify LOUWERS MEDIAGROEP against any possible claims from third parties.
4.7. If the material provided by the client is contrary to good morals, public order, advertising ethics or could in any way harm LOUWERS MEDIAGROEP, LOUWERS MEDIAGROEP is entitled to refuse the assignment without being liable for any (damage) compensation to the client.
4.8. Regarding the delivery of services and processing of the materials provided by the client, LOUWERS MEDIAGROEP is only obliged to a best-efforts commitment.
4.9. The assignment, as agreed between LOUWERS MEDIAGROEP and the client, includes only what was stated in the accepted offer and/or order form, and if applicable, the additional performances or changes to the assignment that were expressly and in writing confirmed by LOUWERS MEDIAGROEP at a later date.
All performances not explicitly mentioned as 'included' in the offer, order form, agreement or written communication are not part of the original agreement between LOUWERS MEDIAGROEP and the client. If these are nevertheless performed or delivered, they are considered additional work and will always be charged separately. Additional work is fully subject to these general terms and conditions.
4.10. The price stated in the offer and/or order form does not take into account any layout costs (both for print and digital). These are costs that may be necessary to make the material provided by the client ready for printing or publication, such as the costs of layout, assembly, preparation of films or drawings, composition and translation, adding an improvement of a word, key, making the supplied material usable for online publication, etc. These layout costs will be additionally invoiced to the client based on the production rates used by LOUWERS MEDIAGROEP.
4.11. Execution and delivery times are provided for information purposes only and are therefore not binding for LOUWERS MEDIAGROEP, unless expressly agreed otherwise between the parties. Delays in execution or delivery can never give rise to penalties, compensation or dissolution of the agreement or refusal to accept the products.
4.12. The transport of physical products is always at the risk and expense of the client. The delivery of physical products takes place at the office of LOUWERS MEDIAGROEP in Oostkamp (Belgium), unless otherwise agreed. From this moment, the full risk of the goods transfers to the client.
5. Cancellation of the assignment
5.1. Any cancellation of the assignment by the client must be made in writing and is only valid after written confirmation by LOUWERS MEDIAGROEP.
5.2. In case of cancellation before the start of the assignment by LOUWERS MEDIAGROEP, the client owes a fixed compensation of 50% of the total price agreed for the assignment, without prejudice to the right of LOUWERS MEDIAGROEP to claim higher compensation.
5.3. In case of cancellation during the execution of the assignment by LOUWERS MEDIAGROEP, the client must reimburse the performances already delivered and/or costs already incurred by LOUWERS MEDIAGROEP in relation to the assignment, plus a fixed compensation of 50% of the price agreed for the services or products not yet performed/delivered. This is without prejudice to the right of LOUWERS MEDIAGROEP to claim higher compensation.
6. Offers and price estimates
6.1. All price estimates and offers are made with all reservations and are without obligation on the part of LOUWERS MEDIAGROEP. They apply exclusively to the client to whom the offer is addressed.
6.2. Offers and price estimates apply exclusively for the period stated in the offer. Unless expressly agreed otherwise, this is a period of 30 days, starting from the day of dispatch.
6.3. No rights can be derived from past offers or price estimates for future assignments.
7. Prices and payment modalities
7.1. Prices are always in euros and exclusive of VAT. VAT, delivery costs and other additional costs are always shown separately and are entirely at the client's expense.
7.2. LOUWERS MEDIAGROEP reserves the right to request advance payments.
7.3. Invoices must always be paid within a period of 30 days, starting from the day after their dispatch by email, unless otherwise agreed in writing by the parties. Unless otherwise agreed, invoices are paid by bank transfer in accordance with the payment details stated on the invoice.
7.4. In case of exceeding the payment term, for whatever reason, LOUWERS MEDIAGROEP may initiate a collection procedure, possibly through an external party to whom they provide the necessary client data for this purpose. The client remains in any case obliged to fully reimburse the extrajudicial and/or judicial collection costs.
7.5. This article applies to clients in Belgium. In case of late payment, the amounts due will be increased by operation of law and without notice of default with interest, which is the interest at the reference interest rate increased by eight percentage points and rounded up to the higher half percentage point. In addition, the amounts due on the due date but not paid will be increased by operation of law and without notice of default with a fixed compensation of 10% of the outstanding amount, with a minimum of €40, without prejudice to the right of LOUWERS MEDIAGROEP to reasonable compensation for all other collection costs that exceed that fixed amount and that have arisen due to the late payment.
7.5. This article applies to clients in the Netherlands. In case of late payment, the amounts due will be increased by operation of law and without notice of default with the statutory commercial interest from the due date until the day of full payment. The client is also obliged to reimburse all judicial and extrajudicial costs that LOUWERS MEDIAGROEP reasonably has to incur to collect the claim. The extrajudicial costs amount to at least 15% of the amount due, with a minimum of €40, without prejudice to the right of LOUWERS MEDIAGROEP to a higher compensation for the actual costs incurred.
7.6. In case of non-payment of an invoice on the due date, all outstanding invoices become immediately and fully due and payable.
7.7. In case of non-payment of an invoice, LOUWERS MEDIAGROEP reserves the right to suspend further deliveries and/or performances without any notice of default or judicial intervention, or to consider the agreement as dissolved, without prejudice to its claim for compensation.
7.8. The client must protest the invoices, in case of dispute of the invoice by LOUWERS MEDIAGROEP, by means of a registered letter within 8 calendar days after receipt, under penalty of forfeiture.
7.9. Set-off is expressly excluded.
8. Guarantee on delivered products
8.1. LOUWERS MEDIAGROEP ensures that the delivered products conform to the order placed and meet the normal expectations the customer may have. The customer must always check delivered products upon delivery. Visible defects must be reported immediately in writing and with reasons to LOUWERS MEDIAGROEP. If no written report is made, the delivery is considered to be in conformity.
8.2. Any hidden defects must be reported in writing and with reasons to LOUWERS MEDIAGROEP immediately upon discovery and no later than 3 (three) months after delivery of the goods. Complaints made later will not be accepted.
8.3. A complaint does not entitle the customer to suspend their payment obligations.
8.4. After notification by the customer in accordance with article 8.1 or 8.2, LOUWERS MEDIAGROEP has the right, at its own discretion, to replace or re-perform the defective products or services, or to issue a credit note for the value of the relevant invoice.
9. Intellectual property rights
9.1. Upon full payment of the invoices, the customer obtains all intellectual property rights on what LOUWERS MEDIAGROEP has created on their behalf. Depending on the subject of the assignment, this may include rights as granted by copyright, design and model rights, and other applicable (intellectual) property rights.
9.2. The above-mentioned transfer of ownership rights never extends to concepts, techniques, specific skills, methodologies, working methods, pre-programmed routines or procedures, and technologies that are part of the know-how of LOUWERS MEDIAGROEP. These always remain the integral property of LOUWERS MEDIAGROEP.
9.3. All materials created and/or made available by LOUWERS MEDIAGROEP may only be used for the pre-communicated purposes and/or destinations. Unauthorised use will consequently result in compensation for LOUWERS MEDIAGROEP amounting to the invoice amount plus a surcharge of 50%, separately for each established violation.
9.4. The customer is responsible for any established unauthorised use by third parties.
9.5. The customer accepts that LOUWERS MEDIAGROEP may at any time make a reference to their company and/or trade name by way of references and reviews, unless expressly agreed otherwise.
10. Retention of title
10.1. LOUWERS MEDIAGROEP remains the full owner of the delivered products, materials, and/or creations under intellectual property rights until full payment of the prices charged by it, possible interests, damages, and costs.
10.2. The customer is not authorised to alienate, modify, pledge, or otherwise encumber the goods, materials, and/or creations under intellectual property rights that are subject to retention of title.
11. Force majeure and liability
11.1. LOUWERS MEDIAGROEP may suspend its obligations arising from this agreement if it cannot fulfil its obligations due to temporary force majeure. In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in law and jurisprudence, all external causes, foreseen or unforeseen, over which LOUWERS MEDIAGROEP has no influence, but which prevent LOUWERS MEDIAGROEP from fulfilling its obligations. These include, but are not limited to: fire, accident, incorrect or delayed delivery by third parties, strike, riot, war, government measures, and transport barriers. In such cases, LOUWERS MEDIAGROEP is only obliged to carry out the assignment or other commitments as soon as reasonably possible.
If the execution of the assignment has become impossible, LOUWERS MEDIAGROEP has the right to consider the agreement dissolved, and the customer is entitled to a refund of amounts already paid to LOUWERS MEDIAGROEP for performances not yet delivered, without additional compensation.
11.2. If LOUWERS MEDIAGROEP has already partially fulfilled its obligations at the onset of the force majeure situation, or can only partially fulfil its obligations, it is entitled to invoice the work already performed/products already delivered separately, and the customer is obliged to pay this invoice.
11.3. The liability of LOUWERS MEDIAGROEP is always limited to direct damage and is only applicable insofar as it results from its intent, gross negligence, or, barring force majeure or unforeseen circumstances, for the non-performance of an obligation that constitutes one of the essential commitments of the agreement. LOUWERS MEDIAGROEP is never liable for or obliged to compensate for immaterial, indirect, or consequential damage, including (but not limited to) loss of profit, turnover loss, income loss, production limitations, administrative or personnel costs, an increase in general costs, loss of clientele, or claims from third parties.
This provision and other provisions in these general terms and conditions that contain a limitation of liability apply both contractually and non-contractually, and apply to the benefit of LOUWERS MEDIAGROEP, its staff, and directors.
11.4. Unless otherwise provided by mandatory law, LOUWERS MEDIAGROEP, its staff, and directors cannot be held (directly) non-contractually liable.
11.5. The total liability of LOUWERS MEDIAGROEP is at all times limited to the maximum amount paid by LOUWERS MEDIAGROEP's liability insurer in this regard. If there is no intervention by an insurer, LOUWERS MEDIAGROEP's liability is limited to the maximum amount of the total compensation due to LOUWERS MEDIAGROEP for the execution of the assignment.
11.6. Insofar as LOUWERS MEDIAGROEP depends on the cooperation, services, and deliveries of third parties in the execution of its commitments, it is not liable for any damage resulting from their fault (for example, but not limited to, errors in delivery, late deliveries, or executions).
11.7 LOUWERS MEDIAGROEP may always rely on the information provided by the customer being correct and complete. If LOUWERS MEDIAGROEP's liability is jeopardised due to incorrect and/or incomplete information provided by the customer, the customer must take all necessary measures to indemnify LOUWERS MEDIAGROEP from any liability and/or damage it may incur as a result.
11.8. LOUWERS MEDIAGROEP is not liable for the consequences, costs, or damages that may result from the provision of non-rights-free photos, images, or other materials by the customer. The customer is fully responsible for all consequences, costs, and any damages that result from this. The customer will fully indemnify LOUWERS MEDIAGROEP from any liability and/or damage it may incur as a result.
11.9. If one of the parties does not, only partially, or incorrectly executes the agreement, the party that has suffered damage must notify the other party in writing within 14 (fourteen) calendar days, stating the reason and an estimate of the damage suffered. In no case does this exempt the customer from the obligation to pay invoices that are not directly related to the damage.
11.10. Following a notice of default from the customer, LOUWERS MEDIAGROEP always has the right to remedy the shortcoming.
12. Processing of personal data
12.1. LOUWERS MEDIAGROEP and/or its appointees collect and process the personal data they receive from the customer for the purpose of executing the agreement, fulfilling orders, handling complaints, invoice collection, promotional or informative communication, customer management, accounting, and direct marketing activities in accordance with the General Data Protection Regulation (GDPR) and relevant national legislation in this regard (in Belgium: the law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data; in the Netherlands: the Implementation Act General Data Protection Regulation). The legal grounds are the execution of the agreement, consent, fulfilling legal and regulatory obligations, and/or legitimate interest. Want to know more? Read the privacy policy on the website.
13. Disputes and applicable law
13.1. In case of disputes arising from or related to these general terms and conditions, the validity, execution, or interpretation of the agreement or the services, the parties will strive for an amicable solution.
13.2. This article section applies to customers of Louwers Mediagroep BVBA in Belgium. Belgian law exclusively applies to disputes regarding these general terms and conditions, the validity, execution or interpretation of the agreement or the services, which cannot be resolved amicably. In legal disputes, the Belgian courts of Ghent, Bruges division, have exclusive jurisdiction.
13.2. This article section applies to customers of Louwers Mediagroep B.V. in the Netherlands. Dutch law exclusively applies to disputes regarding these general terms and conditions, the validity, execution or interpretation of the agreement or the services, which cannot be resolved amicably. In legal disputes, the Limburg court, Roermond location, has exclusive jurisdiction.